Proposed Deletion From the National Priorities List, 26452-26455 [2021-10132]

Download as PDF khammond on DSKJM1Z7X2PROD with PROPOSALS 26452 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Proposed Rules the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of the National Technology Transfer and Advancement Act (NTTA) because this rulemaking does not involve technical standards; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements, Volatile organic compounds. VerDate Sep<11>2014 16:54 May 13, 2021 Jkt 253001 Dated: May 7, 2021. Edward H. Chu, Acting Regional Administrator, Region 7. and five-year reviews, where applicable, have been completed. However, this deletion does not preclude future actions under Superfund. For the reasons stated in the DATES: Comments regarding this preamble, the EPA proposes to amend proposed action must be submitted on 40 CFR part 52 as set forth below: or before June 14, 2021. PART 52—APPROVAL AND ADDRESSES: EPA has established a PROMULGATION OF docket for this action under the Docket IMPLEMENTATION PLANS Identification number included in Table 1 in the SUPPLEMENTARY INFORMATION ■ 1. The authority citation for part 52 section of this document. Submit your continues to read as follows: comments, identified by the appropriate Docket ID number, by one of the Authority: 42 U.S.C. 7401, et seq. following methods: Subpart AA—Missouri • https://www.regulations.gov. Follow on-line instructions for ■ 2. In § 52.1320, the table in paragraph submitting comments. Once submitted, (c) is amended by removing the entry ‘‘10–5.370’’ under the heading ‘‘Chapter comments cannot be edited or removed from Regulations.gov. The EPA may 5—Air Quality Standards and Air Pollution Control Regulations for the St. publish any comment received to its public docket. Do not submit Louis Metropolitan Area’’. electronically any information you [FR Doc. 2021–10124 Filed 5–13–21; 8:45 am] consider to be Confidential Business BILLING CODE 6560–50–P Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, ENVIRONMENTAL PROTECTION etc.) must be accompanied by a written AGENCY comment. The written comment is considered the official comment and 40 CFR Part 300 should include discussion of all points [EPA–HQ–SFUND–1983–0002, EPA–HQ– you wish to make. The EPA will SFUND–1986–0005, EPA–HQ–SFUND–1987– generally not consider comments or 0002, EPA–HQ–SFUND–1989–0011, EPA– comment contents located outside of the HQ–SFUND–1990–0010, EPA–HQ–SFUND– primary submission (i.e. on the web, 1990–0011, EPA–HQ–SFUND–1993–0001, cloud, or other file sharing system). For EPA–HQ–SFUND–2000–0004, EPA–HQ– SFUND–2002–0008, EPA–HQ–SFUND–2003– additional submission methods, the full EPA public comment policy, 0010, EPA–HQ–SFUND–2005–0011, EPA– HQ–SFUND–2006–0759, EPA–HQ–SFUND– information about CBI or multimedia 2009–0587, EPA–HQ–SFUND–2011–0076, submissions, and general guidance on EPA–HQ–SFUND–2011–0077; FRL–10023– making effective comments, please visit 77–OLEM] https://www2.epa.gov/dockets/ commenting-epa-dockets. Proposed Deletion From the National • Email: Table 2 in the Priorities List SUPPLEMENTARY INFORMATION section of this document provides an email AGENCY: Environmental Protection address to submit public comments for Agency (EPA). the proposed deletion action. ACTION: Proposed rule; notice of intent. Instructions: Direct your comments to SUMMARY: The Environmental Protection the Docket Identification number included in Table 1 in the Agency (EPA) is issuing a Notice of Intent to delete nine sites and partially SUPPLEMENTARY INFORMATION section of delete eleven sites from the National this document. EPA’s policy is that all Priorities List (NPL) and requests public comments received will be included in comments on this proposed action. The the public docket without change and NPL, promulgated pursuant to section may be made available online at https:// 105 of the Comprehensive www.regulations.gov, including any Environmental Response, personal information provided, unless Compensation, and Liability Act the comment includes information (CERCLA) of 1980, as amended, is an claimed to be Confidential Business appendix of the National Oil and Information (CBI) or other information Hazardous Substances Pollution whose disclosure is restricted by statute. Contingency Plan (NCP). The EPA and Do not submit information that you the state, through its designated state consider to be CBI or otherwise agency, have determined that all protected through https:// appropriate response actions under www.regulations.gov or email. The CERCLA, other than operations and https://www.regulations.gov website is maintenance of the remedy, monitoring an ‘‘anonymous access’’ system, which PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Proposed Rules means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: EPA has established a docket for this action under the Docket Identification included in Table 1 in the SUPPLEMENTARY INFORMATION section of this document. All documents in the docket are listed on the https:// www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at the corresponding Regional Records Center. Location, address, and phone number of the Regional Records Centers follows. Regional Records Center: • Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New York, NY 10007– 1866; 212/637–4308. • Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA Superfund Records Center, 1650 Arch Street, Mail code 3SD42, Philadelphia, PA 19103; 215/ 814–3024. • Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562–8637. • Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund Records Manager, Mail code SRC–7J, Metcalfe Federal Building, 7th Floor South, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886–4465. • Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd., Mail code SUPRSTAR, Lenexa, KS 66219; 913/ 551–7956. VerDate Sep<11>2014 16:54 May 13, 2021 Jkt 253001 • Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop Street, Mail code Records Center, Denver, CO 80202–1129; 303/312–7273. • Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue, Suite 155, Mail stop OMP–161, Seattle, WA 98101; 206/ 553–4494. The EPA is temporarily suspending Regional Records Centers for public visitors to reduce the risk of transmitting COVID–19. Information in these repositories, including the deletion docket, has not been updated with hardcopy or electronic media. For further information and updates on EPA Docket Center services, please visit us online at https://www.epa.gov/dockets. The EPA continues to carefully and continuously monitor information from the Centers for Disease Control and Prevention (CDC), local area health departments, and our Federal partners so that we can respond rapidly as conditions change regarding COVID. FOR FURTHER INFORMATION CONTACT: • Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI), garcia.mabel@epa.gov, 212/637–4356 • Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV), hass.andrew@ epa.gov, 215/814–2049 • Leigh Lattimore or Brian Farrier, U.S. EPA Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), lattimore.leigh@epa.gov or farrier.brian@epa.gov, 404/562– 8768 or 404/562–8952 • Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, WI), cibulskis.karen@epa.gov, 312/886– 1843 • David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE), wennerstrom.david@epa.gov, 913/ 551–7996 • Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY), kiefer.linda@ epa.gov, 303/312–6689 • Linda Meyer, U.S. EPA Region 10 (AK, ID, OR, WA), meyer.linda@ epa.gov, 206/553–6636 • Chuck Sands, U.S. EPA Headquarters, sands.charles@epa.gov, 703/603–8857 SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Deletion Procedures IV. Basis for Intended Partial Site Deletion I. Introduction EPA is issuing a Notice of Intent to delete nine sites and partially delete eleven sites from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL constitutes Appendix B of 40 CFR part 300 which is the NCP, which EPA PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 26453 created under section 105 of the CERCLA statute of 1980, as amended. EPA maintains the NPL as those sites that appear to present a significant risk to public health, welfare, or the environment. Sites on the NPL may be the subject of remedial actions financed by the Hazardous Substance Superfund (Fund). These partial deletions are proposed in accordance with 40 CFR 300.425(e) and is consistent with the Notice of Policy Change: Partial Deletion of Sites Listed on the National Priorities List. 60 FR 55466, (November 1, 1995). As described in 40 CFR 300.425(e)(3) of the NCP, a site or portion of a site deleted from the NPL remains eligible for Fund-financed remedial action if future conditions warrant such actions. EPA will accept comments on the proposal to partially delete this site for thirty (30) days after publication of this document in the Federal Register. Section II of this document explains the criteria for deleting sites from the NPL. Section III of this document discusses procedures that EPA is using for this action. Section IV of this document discusses the portion of the site proposed for deletion and demonstrates how it meets the deletion criteria, including reference documents with the rationale and data principally relied upon by the EPA to determine that the Superfund response is complete. II. NPL Deletion Criteria The NCP establishes the criteria that EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted from the NPL where no further response is appropriate. In making such a determination pursuant to 40 CFR 300.425(e), EPA will consider, in consultation with the State, whether any of the following criteria have been met: i. Responsible parties or other persons have implemented all appropriate response actions required; ii. All appropriate Fund-financed response under CERCLA has been implemented, and no further response action by responsible parties is appropriate; or iii. The remedial investigation has shown that the release poses no significant threat to public health or the environment and, therefore, the taking of remedial measures is not appropriate. Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-year reviews to ensure the continued protectiveness of remedial actions where hazardous substances, pollutants, or contaminants remain at a site above levels that allow for unlimited use and E:\FR\FM\14MYP1.SGM 14MYP1 26454 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Proposed Rules unrestricted exposure. EPA conducts such five-year reviews even if a site is deleted from the NPL. EPA may initiate further action to ensure continued protectiveness at a deleted site if new information becomes available that indicates it is appropriate. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. III. Deletion Procedures The following procedures apply to the deletion or partial deletion of the sites in this proposed rule: (1) EPA consulted with the respective state before developing this Notice of Intent for deletion. (2) EPA has provided the state 30 working days for review of this proposed action prior to publication of it today. (3) In accordance with the criteria discussed above, EPA has determined that no further response is appropriate. (4) The state, through their designated state agency, has concurred with the proposed deletion action. (5) Concurrently, with the publication of this Notice of Intent for deletion in the Federal Register, a notice is being published in a major local newspaper of general circulation near the site. The newspaper announces the 30-day public comment period concerning the Notice of Intent for deletion. (6) The EPA placed copies of documents supporting the proposed deletion in the deletion docket, made these items available for public inspection, and copying at the Regional Records Center identified above. If comments are received within the 30-day comment period on this document, EPA will evaluate and respond accordingly to the comments before making a final decision to delete or partially delete the site. If necessary, EPA will prepare a Responsiveness Summary to address any significant public comments received. After the public comment period, if EPA determines it is still appropriate to delete or partially delete the site, the EPA will publish a final Notice of Deletion or Partial Deletion in the Federal Register. Public notices, public submissions and copies of the Responsiveness Summary, if prepared, will be made available to interested parties and included in the site information repositories listed above. Deletion of a site or a portion of a site from the NPL does not itself create, alter, or revoke any individual’s rights or obligations. Deletion of a site or a portion of a site from the NPL does not in any way alter EPA’s right to take enforcement actions, as appropriate. The NPL is designed primarily for informational purposes and to assist EPA management. Section 300.425(e)(3) of the NCP states that the deletion of a site from the NPL does not preclude eligibility for future response actions, should future conditions warrant such actions. IV. Basis for Full Site or Partial Site Deletion The site to be deleted or partially deleted from the NPL, the location of the site, and docket number with information including reference documents with the rationale and data principally relied upon by the EPA to determine that the Superfund response is complete are specified in Table 1. The NCP permits activities to occur at a deleted site or that media or parcel of a partially deleted site, including operation and maintenance of the remedy, monitoring, and five-year reviews. These activities for the site are entered in Table 1, if applicable, under Footnote such that; 1 = site has continued operation and maintenance of the remedy, 2 = site receives continued monitoring, and 3 = site five-year reviews are conducted. khammond on DSKJM1Z7X2PROD with PROPOSALS TABLE 1 Site name City/county, state Type Docket No. Reich Farms .......................................................... Butler Mine Tunnel ................................................ Airco ....................................................................... Chemfax, Inc .......................................................... Kerr-McGee Chemical Corp-Navassa ................... T.H. Agriculture & Nutrition (Montgomery) ............ US Finishing/Cone Mills ........................................ Arrowhead Refinery Co ......................................... Barrels, Inc ............................................................. Bennett Stone Quarry ............................................ Lemon Lane Landfill .............................................. South Minneapolis Residential Soil Contamination United Scrap Lead Co., Inc ................................... Neal’s Landfill (Bloomington) ................................. Missouri Electric Works ......................................... Omaha Lead .......................................................... Riverfront ............................................................... Libby Asbestos ...................................................... Eagle Mine ............................................................. North Ridge Estates .............................................. Pleasant Plains, NJ ....... Pittston, PA .................... Calvert City, KY ............. Gulfport, MS .................. Navassa, NC ................. Montgomery, AL ............ Greenville, SC ............... Hermantown, MN .......... Lansing, MI .................... Bloomington, IN ............. Bloomington, IN ............. Minneapolis, MN ............ Troy, OH ........................ Bloomington, IN ............. Cape Girardeau, MO ..... Omaha, NE .................... New Haven, MO ............ Libby, MT ....................... Minturn/Redcliff, CO ...... Klamath Falls, OR ......... Full ................. Full ................. Full ................. Partial ............. Partial ............. Partial ............. Partial ............. Full ................. Full ................. Full ................. Full ................. Partial ............. Full ................. Full ................. Partial ............. Partial ............. Partial ............. Partial ............. Partial ............. Partial ............. EPA–HQ–SFUND–1983–0002 EPA–HQ–SFUND–1987–0002 EPA–HQ–SFUND–2005–0011 EPA–HQ–SFUND–1993–0001 EPA–HQ–SFUND–2009–0587 EPA–HQ–SFUND–1990–0011 EPA–HQ–SFUND–2011–0077 EPA–HQ–SFUND–2005–0011 EPA–HQ–SFUND–1989–0011 EPA–HQ–SFUND–2005–0011 EPA–HQ–SFUND–1983–0002 EPA–HQ–SFUND–2006–0759 EPA–HQ–SFUND–2005–0011 EPA–HQ–SFUND–1983–0002 EPA–HQ–SFUND–1990–0010 EPA–HQ–SFUND–2003–0010 EPA–HQ–SFUND–2000–0004 EPA–HQ–SFUND–2002–0008 EPA–HQ–SFUND–1986–0005 EPA–HQ–SFUND–2011–0076 Table 2 includes information concerning whether the full site is proposed for deletion from the NPL or a description of the area, media or VerDate Sep<11>2014 16:54 May 13, 2021 Jkt 253001 Operable Units (OUs) of the NPL site proposed for partial deletion from the NPL, and an email address to which public comments may be submitted if PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Footnote 2, 3. 1, 2, 3. 1, 2, 3. 1, 2, 3. 2, 1, 1, 1, 3. 3. 2, 3. 2, 3. 1, 1, 1, 1, 1, 1, 1, 1, 3. 2, 3. 3. 3. 2, 3. 3. 3. 3. the commenter does not comment using https://www.regulations.gov. E:\FR\FM\14MYP1.SGM 14MYP1 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Proposed Rules 26455 TABLE 2 Site name Full site deletion (full) or media/parcels/description for partial deletion Reich Farms ....................................................... Butler Mine Tunnel ............................................. Airco ................................................................... Chemfax, Inc ...................................................... Kerr-McGee Chemical Corp-Navassa ................ T.H. Agriculture & Nutrition (Montgomery) ......... US Finishing/Cone Mills ..................................... Full ................................................................... Full ................................................................... Full ................................................................... 11 acres of soils, sediments ............................ 20.2 acres of OU1 soils ................................... 16.4 acres of soils and sediments ................... 150 acres of OU2 soils, sediments and surface water. Full ................................................................... Full ................................................................... Full ................................................................... Full ................................................................... Five properties ................................................. gorin.jonathan@epa.gov. cron.mitch@epa.gov. jackson.brad@epa.gov. farrier.brian@epa.gov. spalvins.erik@epa.gov. farrier.brian@epa.gov. martin.scott@epa.gov. Full ................................................................... Full ................................................................... 6.4-acre site property, OU 1 soils and OU3 sediments. 96 residential parcels ....................................... 1.4-acre OU 3 Old City Dump soil, groundwater, surface water, seeps. OU 8 Roads and Highways (30 miles of roads and right-of-way). 50 acres of OU 2 Town of Gilman soils .......... 125-acre OU 1 includes Northridge Estates and former Marine Recuperation Barracks soils. Deletions@usepa.onmicrosoft.com. Deletions@usepa.onmicrosoft.com. wennerstrom.david@epa.gov. Arrowhead Refinery Co ...................................... Barrels, Inc ......................................................... Bennett Stone Quarry ........................................ Lemon Lane Landfill ........................................... South Minneapolis Residential Soil Contamination. United Scrap Lead Co., Inc ................................ Neal’s Landfill (Bloomington) .............................. Missouri Electric Works ...................................... Omaha Lead ....................................................... Riverfront ............................................................ Libby Asbestos ................................................... Eagle Mine ......................................................... North Ridge Estates ........................................... EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion from the NPL does not preclude further remedial action. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of a site from the NPL does not affect responsible party liability in the unlikely event that future conditions warrant further actions. List of Subjects in 40 CFR Part 300 khammond on DSKJM1Z7X2PROD with PROPOSALS Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Larry Douchand, Director, Office of Superfund Remediation and Technology Innovation. [FR Doc. 2021–10132 Filed 5–13–21; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:54 May 13, 2021 Jkt 253001 GENERAL SERVICES ADMINISTRATION 41 CFR Parts 300–90, 301–74, and Appendix E to Chapter 301 [FTR Case 2021–301–01; Docket No. GSA– FTR–2021–0011, Sequence No. 1] RIN 3090–AK41 Federal Travel Regulation; Removal and Reservation of Part 300–90— Telework Travel Expenses Test Programs and Appendix E to Chapter 301—Suggested Guidance for Conference Planning Office of Government-wide Policy (OGP), General Services Administration (GSA). ACTION: Proposed rule. AGENCY: GSA is proposing to amend the Federal Travel Regulation (FTR) to remove and reserve the regulations implementing GSA’s authority to conduct telework travel expenses test programs. GSA’s authority to authorize agencies to conduct such test programs expired in accordance with the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. GSA is also proposing to remove and reserve Appendix E to Chapter 301, which contains suggested guidance for conference planning. DATES: Interested parties should submit written comments to the Regulatory SUMMARY: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Email address for public comments Deletions@usepa.onmicrosoft.com. Deletions@usepa.onmicrosoft.com. Deletions@usepa.onmicrosoft.com. Deletions@usepa.onmicrosoft.com. Deletions@usepa.onmicrosoft.com. wennerstrom.david@epa.gov. wennerstrom.david@epa.gov. zinner.dania@epa.gov. miller.jamie@epa.gov. meyer.linda@epa.gov. Secretariat Division at the address shown below on or before July 13, 2021 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FTR case 2021–301–01 to: Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FTR Case 2021–301–01’’. Select the link ‘‘Comment Now’’ that corresponds with FTR Case 2021–301– 01. Follow the instructions provided at the ‘‘Comment Now’’ screen. Please include your name, company name (if any), and ‘‘FTR Case 2021–301–01’’ on your attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Instructions: Please submit comments only and cite FTR Case 2021–301–01, in all correspondence related to this case. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting. FOR FURTHER INFORMATION CONTACT: Ms. Jill Denning, Program Analyst, at 202– 208–7642 or travelpolicy@gsa.gov for E:\FR\FM\14MYP1.SGM 14MYP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Proposed Rules]
[Pages 26452-26455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10132]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002, EPA-HQ-SFUND-1986-0005, EPA-HQ-SFUND-1987-
0002, EPA-HQ-SFUND-1989-0011, EPA-HQ-SFUND-1990-0010, EPA-HQ-SFUND-
1990-0011, EPA-HQ-SFUND-1993-0001, EPA-HQ-SFUND-2000-0004, EPA-HQ-
SFUND-2002-0008, EPA-HQ-SFUND-2003-0010, EPA-HQ-SFUND-2005-0011, EPA-
HQ-SFUND-2006-0759, EPA-HQ-SFUND-2009-0587, EPA-HQ-SFUND-2011-0076,
EPA-HQ-SFUND-2011-0077; FRL-10023-77-OLEM]

Proposed Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice
of Intent to delete nine sites and partially delete eleven sites from
the National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
state, through its designated state agency, have determined that all
appropriate response actions under CERCLA, other than operations and
maintenance of the remedy, monitoring and five-year reviews, where
applicable, have been completed. However, this deletion does not
preclude future actions under Superfund.

DATES: Comments regarding this proposed action must be submitted on or
before June 14, 2021.

ADDRESSES: EPA has established a docket for this action under the
Docket Identification number included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. Submit your comments, identified
by the appropriate Docket ID number, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Email: Table 2 in the SUPPLEMENTARY INFORMATION section of
this document provides an email address to submit public comments for
the proposed deletion action.
Instructions: Direct your comments to the Docket Identification
number included in Table 1 in the SUPPLEMENTARY INFORMATION section of
this document. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov website
is an ``anonymous access'' system, which

[[Page 26453]]

means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through https://www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: EPA has established a docket for this action under the
Docket Identification included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the corresponding Regional Records Center. Location,
address, and phone number of the Regional Records Centers follows.
Regional Records Center:
Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New
York, NY 10007-1866; 212/637-4308.
Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA Superfund
Records Center, 1650 Arch Street, Mail code 3SD42, Philadelphia, PA
19103; 215/814-3024.
Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562-8637.
Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund
Records Manager, Mail code SRC-7J, Metcalfe Federal Building, 7th Floor
South, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886-4465.
Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd.,
Mail code SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.
Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue,
Suite 155, Mail stop OMP-161, Seattle, WA 98101; 206/553-4494.
The EPA is temporarily suspending Regional Records Centers for
public visitors to reduce the risk of transmitting COVID-19.
Information in these repositories, including the deletion docket, has
not been updated with hardcopy or electronic media. For further
information and updates on EPA Docket Center services, please visit us
online at https://www.epa.gov/dockets. The EPA continues to carefully
and continuously monitor information from the Centers for Disease
Control and Prevention (CDC), local area health departments, and our
Federal partners so that we can respond rapidly as conditions change
regarding COVID.

FOR FURTHER INFORMATION CONTACT:
Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI),
[email protected], 212/637-4356
Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
[email protected], 215/814-2049
Leigh Lattimore or Brian Farrier, U.S. EPA Region 4 (AL, FL,
GA, KY, MS, NC, SC, TN), [email protected] or
[email protected], 404/562-8768 or 404/562-8952
Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, WI),
[email protected], 312/886-1843
David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE),
[email protected], 913/551-7996
Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
[email protected], 303/312-6689
Linda Meyer, U.S. EPA Region 10 (AK, ID, OR, WA),
[email protected], 206/553-6636
Chuck Sands, U.S. EPA Headquarters, [email protected],
703/603-8857

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

EPA is issuing a Notice of Intent to delete nine sites and
partially delete eleven sites from the National Priorities List (NPL)
and requests public comments on this proposed action. The NPL
constitutes Appendix B of 40 CFR part 300 which is the NCP, which EPA
created under section 105 of the CERCLA statute of 1980, as amended.
EPA maintains the NPL as those sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). These partial deletions are
proposed in accordance with 40 CFR 300.425(e) and is consistent with
the Notice of Policy Change: Partial Deletion of Sites Listed on the
National Priorities List. 60 FR 55466, (November 1, 1995). As described
in 40 CFR 300.425(e)(3) of the NCP, a site or portion of a site deleted
from the NPL remains eligible for Fund-financed remedial action if
future conditions warrant such actions.
EPA will accept comments on the proposal to partially delete this
site for thirty (30) days after publication of this document in the
Federal Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III of this document discusses procedures
that EPA is using for this action. Section IV of this document
discusses the portion of the site proposed for deletion and
demonstrates how it meets the deletion criteria, including reference
documents with the rationale and data principally relied upon by the
EPA to determine that the Superfund response is complete.

II. NPL Deletion Criteria

The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and

[[Page 26454]]

unrestricted exposure. EPA conducts such five-year reviews even if a
site is deleted from the NPL. EPA may initiate further action to ensure
continued protectiveness at a deleted site if new information becomes
available that indicates it is appropriate. Whenever there is a
significant release from a site deleted from the NPL, the deleted site
may be restored to the NPL without application of the hazard ranking
system.

III. Deletion Procedures

The following procedures apply to the deletion or partial deletion
of the sites in this proposed rule:
(1) EPA consulted with the respective state before developing this
Notice of Intent for deletion.
(2) EPA has provided the state 30 working days for review of this
proposed action prior to publication of it today.
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
(4) The state, through their designated state agency, has concurred
with the proposed deletion action.
(5) Concurrently, with the publication of this Notice of Intent for
deletion in the Federal Register, a notice is being published in a
major local newspaper of general circulation near the site. The
newspaper announces the 30-day public comment period concerning the
Notice of Intent for deletion.
(6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket, made these items available for public
inspection, and copying at the Regional Records Center identified
above.
If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete or partially delete the site.
If necessary, EPA will prepare a Responsiveness Summary to address any
significant public comments received. After the public comment period,
if EPA determines it is still appropriate to delete or partially delete
the site, the EPA will publish a final Notice of Deletion or Partial
Deletion in the Federal Register. Public notices, public submissions
and copies of the Responsiveness Summary, if prepared, will be made
available to interested parties and included in the site information
repositories listed above.
Deletion of a site or a portion of a site from the NPL does not
itself create, alter, or revoke any individual's rights or obligations.
Deletion of a site or a portion of a site from the NPL does not in any
way alter EPA's right to take enforcement actions, as appropriate. The
NPL is designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.

IV. Basis for Full Site or Partial Site Deletion

The site to be deleted or partially deleted from the NPL, the
location of the site, and docket number with information including
reference documents with the rationale and data principally relied upon
by the EPA to determine that the Superfund response is complete are
specified in Table 1. The NCP permits activities to occur at a deleted
site or that media or parcel of a partially deleted site, including
operation and maintenance of the remedy, monitoring, and five-year
reviews. These activities for the site are entered in Table 1, if
applicable, under Footnote such that; 1 = site has continued operation
and maintenance of the remedy, 2 = site receives continued monitoring,
and 3 = site five-year reviews are conducted.

Table 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Site name City/county, state Type Docket No. Footnote
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reich Farms....................... Pleasant Plains, NJ.. Full.................... EPA-HQ-SFUND-1983-0002 2, 3.
Butler Mine Tunnel................ Pittston, PA......... Full.................... EPA-HQ-SFUND-1987-0002 .......................
Airco............................. Calvert City, KY..... Full.................... EPA-HQ-SFUND-2005-0011 1, 2, 3.
Chemfax, Inc...................... Gulfport, MS......... Partial................. EPA-HQ-SFUND-1993-0001 1, 2, 3.
Kerr-McGee Chemical Corp-Navassa.. Navassa, NC.......... Partial................. EPA-HQ-SFUND-2009-0587 .......................
T.H. Agriculture & Nutrition Montgomery, AL....... Partial................. EPA-HQ-SFUND-1990-0011 1, 2, 3.
(Montgomery).
US Finishing/Cone Mills........... Greenville, SC....... Partial................. EPA-HQ-SFUND-2011-0077 .......................
Arrowhead Refinery Co............. Hermantown, MN....... Full.................... EPA-HQ-SFUND-2005-0011 2, 3.
Barrels, Inc...................... Lansing, MI.......... Full.................... EPA-HQ-SFUND-1989-0011 1, 3.
Bennett Stone Quarry.............. Bloomington, IN...... Full.................... EPA-HQ-SFUND-2005-0011 1, 2, 3.
Lemon Lane Landfill............... Bloomington, IN...... Full.................... EPA-HQ-SFUND-1983-0002 1, 2, 3.
South Minneapolis Residential Soil Minneapolis, MN...... Partial................. EPA-HQ-SFUND-2006-0759 .......................
Contamination.
United Scrap Lead Co., Inc........ Troy, OH............. Full.................... EPA-HQ-SFUND-2005-0011 1, 3.
Neal's Landfill (Bloomington)..... Bloomington, IN...... Full.................... EPA-HQ-SFUND-1983-0002 1, 2, 3.
Missouri Electric Works........... Cape Girardeau, MO... Partial................. EPA-HQ-SFUND-1990-0010 1, 3.
Omaha Lead........................ Omaha, NE............ Partial................. EPA-HQ-SFUND-2003-0010 1, 3.
Riverfront........................ New Haven, MO........ Partial................. EPA-HQ-SFUND-2000-0004 1, 2, 3.
Libby Asbestos.................... Libby, MT............ Partial................. EPA-HQ-SFUND-2002-0008 1, 3.
Eagle Mine........................ Minturn/Redcliff, CO. Partial................. EPA-HQ-SFUND-1986-0005 1, 3.
North Ridge Estates............... Klamath Falls, OR.... Partial................. EPA-HQ-SFUND-2011-0076 1, 3.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 2 includes information concerning whether the full site is
proposed for deletion from the NPL or a description of the area, media
or Operable Units (OUs) of the NPL site proposed for partial deletion
from the NPL, and an email address to which public comments may be
submitted if the commenter does not comment using https://www.regulations.gov.

[[Page 26455]]

Table 2
------------------------------------------------------------------------
Full site deletion
(full) or media/ Email address for
Site name parcels/description public comments
for partial deletion
------------------------------------------------------------------------
Reich Farms................. Full................ [email protected].
Butler Mine Tunnel.......... Full................ [email protected].
Airco....................... Full................ [email protected]
.
Chemfax, Inc................ 11 acres of soils, [email protected]
sediments. v.
Kerr-McGee Chemical Corp- 20.2 acres of OU1 [email protected]
Navassa. soils. v.
T.H. Agriculture & Nutrition 16.4 acres of soils [email protected]
(Montgomery). and sediments. v.
US Finishing/Cone Mills..... 150 acres of OU2 [email protected]
soils, sediments .
and surface water.
Arrowhead Refinery Co....... Full................ [email protected].
Barrels, Inc................ Full................ [email protected].
Bennett Stone Quarry........ Full................ [email protected].
Lemon Lane Landfill......... Full................ [email protected].
South Minneapolis Five properties..... [email protected]
Residential Soil crosoft.com.
Contamination.
United Scrap Lead Co., Inc.. Full................ [email protected].
Neal's Landfill Full................ [email protected]
(Bloomington). crosoft.com.
Missouri Electric Works..... 6.4-acre site [email protected]
property, OU 1 a.gov.
soils and OU3
sediments.
Omaha Lead.................. 96 residential [email protected]
parcels. a.gov.
Riverfront.................. 1.4-acre OU 3 Old [email protected]
City Dump soil, a.gov.
groundwater,
surface water,
seeps.
Libby Asbestos.............. OU 8 Roads and [email protected]
Highways (30 miles .
of roads and right-
of-way).
Eagle Mine.................. 50 acres of OU 2 [email protected]
Town of Gilman .
soils.
North Ridge Estates......... 125-acre OU 1 [email protected].
includes Northridge
Estates and former
Marine Recuperation
Barracks soils.
------------------------------------------------------------------------

EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.

Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.

Larry Douchand,
Director, Office of Superfund Remediation and Technology Innovation.
[FR Doc. 2021-10132 Filed 5-13-21; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.